| MATTER OF BARRY PUGH V TAMMY RICHARDSON |
| Motion No: CAF 16-00365 |
| Slip Opinion No: 2016 NY Slip Op 69573(U) |
| Decided on April 6, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: PERADOTTO, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-00365
DOCKET NO. V-12880-04-15AK
| MATTER OF BARRY PUGH, PETITIONER-RESPONDENT, V TAMMY
RICHARDSON, RESPONDENT-APPELLANT. |
Petitioner-respondent having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on February 18, 2016,
Now, upon reading and filing the certification of Gilbert R. Perez, Esq., dated March 16, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652), and
It is further ORDERED that the application is dismissed.
Memorandum: Appellant's remedy is to move in Family Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: April 6, 2016
FRANCES E. CAFARELL, Clerk